Karnataka Court June 2011 Judgments
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State of KarnatakA. Vs. Niranjana, Son of Channabasappa
Court: Karnataka
Decided on: Jun-01-2011
1. This appeal is filed against the judgment of acquittal of respondent (hereinafter referred to as 'accused') for an offence punishable under Section 302 IPC. 2. We have heard Sri N.S.Sampangirainaiah, High Court Government Pleader for the State and Sri S K.Venkata Reddy for the accused. We have been taken through evidence and the impugned judgment. 3. In brief, the case of prosecution is as follows:- i) Deceased Halamma was a resident of Gunderi village within the jurisdiction of Holalkere Taluk in chitradurga District. Accused Niranjana is a cotton seeds merchant and a resident of Chitradurga. The marriage of Halamma was performed about 30 years prior to the date of incident. Her husband left her and took a second wife. By then, they had a grown¬up son and a daughter. The deceased developed illicit intimacy with accused Niranjana. The accused was frequently visiting her house at Qunderi village and used to stay there during nights. The accused had taken 16 tolas of gold and cash...
Sri M Amarchand JaIn Vs. the Century Club and ors.
Court: Karnataka
Decided on: Jun-01-2011
1. With the consent of the learned counsel on both sides, matter is heard for final disposal. 2. The appellant is a member of 1st respondent/Century Club. Appellant received a notice dated 19.6.2010 from the duo seeking details with regard to his educational qualification. Before the appellant could submit the details with regard to his educational qualification in response to the said notice, having withdrawn his nomination form on 24.6.2010, the appellant's membership in the Club was suspended on 8.10.2010 for a period of 3 months and a communication to the said effect was sent on 9.10.2010. It was stated therein that the appellant will not be permitted to use the Club nor being eligible for any services/facilities. The said decision was taken by the Committee of the 1 respondent in its meeting held on 8.10.2010. A resolution was passed to constitute a Committee of 2 past presidents to go into the whole matter within the terms of reference and names of 3 persons were approved for con...
The Chairman and Managing Director, Ksrtc. Vs. Arun Murthy T C, Son of ...
Court: Karnataka
Decided on: Jun-01-2011
1. The appellant/Road Transport Corporation is before this Court challenging the liability and quantum of compensation awarded as against the appellant in the judgment and award dated 9.6.2009 made in MVC No.4795/2003 on the file of Court of Small Causes/AddL. MACT at Bangalore. 2. Sri Dabali, learned Counsel appearing for the appellant/Corporation, submits that- the Tribunal, on the basis of sketch produced by the claimant and without considering the spot mahazar at Ex.P3 and the evidence of the Conductor of the bus, (R.W 1) has answered issue No 1/3 on the point of negligence in favour of the claimant and against the appellant/Corporation. He submits that the accident occurred either solely due to rash and negligent driving of the motor cycle by the respondent/claimant or there is a contributory negligence on the part of the claimant, but the Tribunal has answered issue No.1/3 on the point of negligence in favour of the claimant. He further submits that without prejudice to the conte...
Papu at Papegowda at Jayaraju. Son of Late Chikkaveeregowda and ors. V ...
Court: Karnataka
Decided on: Jun-01-2011
1. In this petition filed under Section 439 Cr.P.C, the petitioner Nos. 1 to 3 who have been arraigned as accused Nos.1 to 3 in C.C.No. 115/10 of Sakaleshpura town Police Station registered for the offences punishable under Sections 302 and 201 IPC, have sought for an order to enlarge them on bail. 2. The case of the prosecution in brief is as under: Accused No.l - Papegowda (petitioner No.1) had borrowed a sum of Rs.25.000/- from deceased Lokesh resident ot Madabalu Village. In spite of repeated demands made by the deceased, accused No. 1 had not returned the loan amount. In this back ground, there was ill-will between the parties. At about 6.00 p.m. on 5.6.2010, petitioner Nos. 1 to 3 along with accused No.4 came near the house of the deceased in a Maruthi 800 car bearing No,CNK-5689 and took the said Lokesh from near his house on the premise that the loari amount of Rs.25,000/- would be repaid to him. After taking said Lokesh in the car near KiruhaJli bridge near Janakere Village, S...
The O.S.C. Educational Society (R). Vs. Emmanuel Lalith Kumar, Son of ...
Court: Karnataka
Decided on: Jun-01-2011
1. In this writ petition the order passed by the Educational Appellate Tribunal ('Tribunal' for short) in EAT No. 3/09 is railed in question and the petitioner-society prays for setting aside the order of the tribunal which has allowed the appeal preferred by the respondent herein and had set aside the order of termination issued by the management to the respondent. 2. This is the second round of litigation between the parties, in as much as, the respondent herein was earlier dismissed from service on 21.4.07 and the said dismissal order was called in question before the tribunal and the tribunal had set aside the order of dismissal and in turn the present petitioner society came up before this court in writ petition and this court confirmed the order of the tribunal. Thereafter, the petitioner-society again placed the respondent under suspension and held an enquiry against him in respect of the charges levelled against the respondent. The enquiry officer held the charge Nos.1, 2, 4 an...
Sri Y.K. Nagaraj, So. KrishnappA. Vs. the Divisional Controller, Karna ...
Court: Karnataka
Decided on: Jun-01-2011
1. This appeal is preferred by the claimant seeking for enhancement of the compensation in respect of personal injuries which he has sustained in a motor accident that took place on 13.06,2000 at 3.45 p.m. near Hosahudya village situated on Chickaballapur-Sidlaghatta Road involving KSRTC bus bearing registiation No.KA-07/F-299 owned and insured with the Respondent No. 1 at the relevant point of time. 2. It is the case of claimant that he was aged 16 years, student by profession studying in 10th standard. He was hale and healthy as on the date of accident. 3. On 13.06.2000. the claimant was proceeding riding his bicycle near Hosahudya village at about 3.45 p.m. At that time, the KSRTC bus bearing No.KA-07/F-299 driven by its driver in a rash and negligent manner came and dashed against him. on account of which, he fell down and sustained severe injuries which comprised of fracture to his left upper limb. He took treatment initially at Chickaballapur Hospital and later in a major hospita...
Papu at Papegowda at Jayaraju. Son of Late ChikkaveeregowdA. Vs. the S ...
Court: Karnataka
Decided on: Jun-01-2011
1. In this petition filed under Section 439 Cr.P.C, the petitioner Nos. 1 to 3 who have been arraigned as accused Nos.1 to 3 in C.C.No. 115/10 of Sakaleshpura town Police Station registered for the offences punishable under Sections 302 and 201 IPC. have sought for an order to enlarge them on bail. 2. The case of the prosecution in brief is as under: Accused No.1 - Papegowda (petitioner No.1) had borrowed a sum of Rs.25,000/- from deceased Lokesh resident ot Madabalu Village. In spite of repeated demands made by the deceased, accused No. 1 had not returned the loan amount. In this back ground, there was ill-will between the parties. At about 6.00 p.m. on 5.6.2010. petitioner Nos. 1 to 3 along with accused No.4 came near the house of the deceased in a Maruthi 800 car bearing No,CNK-5689 and took the said Lokesh from near his house on the premise that the loan amount of Rs.25,000/- would be repaid to him. After taking said Lokesh in the car near Kiruhalli bridge near Janakere Village, Sa...
Ms. the Oriental Insurance Co. Ltd. Vs. KuIn G. Navya, Doughtor of Gop ...
Court: Karnataka
Decided on: Jun-01-2011
1. All these appeals are preferred by the Oriental Insurance Company Limited challenging the liability saddled on the appellant in MVC No.3171, 3172 & 3173/2004 on the file of the MACT. Bangalore dated 30.11.2005. The admitted facts in brief are as under: - A Tata Sumo bearing registration No.KA-05/M-9649 owned by respondent-Manjula has been insured with the appellant/company. On 24.01.2004 at about 11.30 p.m. The said vehicle met with an accident near Chittoor, as a result of which, the wife of claimant-Krishnareddy by name Sampangamma died on the spot. The claimant m MVC No.3172/2004, Kum. G. Navya and claimant in MVC No.3173/2004 - M. Venkatesh sustained grievous injuries. Therefore, the husband of Sampangamma filed MVC No.3171/2004 claiming compensation for the death of his wife. 2. The insurance company raised contention that the vehicle in question was taken on hire by the deceased and the claimants in MVC No.3172/2004 & 3173/2004. As the vehicle was a private car, the sa...
Paramashivam Son of Kalappa Gounder. Vs. Puttalingaiah Son of Nlngegow ...
Court: Karnataka
Decided on: Jun-01-2011
1. Though this matter is posted for admission, with the consent of both the parties, it is taken up for final disposal. 2. This appea1 is filed by the claimant against the common order dated 22.8.2009 passed in Arbitration case (A) No.55/2007 and Arbitration case (A) No.61/2007 on the file of the Principal District Judge. Chitradurga, wherein the Court below has set aside the award passed by the Arbitrator and remanded the matter for reconsideration as envisaged under Section 3G(7) (a) to (d) of National Highway Act, 1956. Being aggrieved by the said order, this appeal is tiled. 3. The brief facts ol the case are Respondents 1 and 2 have acquired the land in question for the purpose of formation of NH 4 as envisaged under provisions of National Highway Act, 1956 by issuing preliminary and final notifications. The respondent No.2 herein being the competent Authority for land acquisition has passed the award dated 30.12.2002 in respect of Sy.No.224/4 and Sy. No. 18/3 measuring 35 guntas ...
State of KarnatakA. Vs. Rajiga Son of Shankar and ors.
Court: Karnataka
Decided on: Jun-01-2011
1. The State has filed Crl.A.No 2354/2005 for enhancement of sentence imposed on first respondent /first accused and Crl.A. No. 2356/2005 is filed for modifying the judgment of conviction to convict respondents 1 and 2 (accused 1 and 2) for offences punishable under Sections 143, 506, 366-A, 342 r/w. Section 149 IPC arid convict accused No. 1 for an offence under Section 376 IPC. 2. These two criminal cases have arisen out of the judgment made in S.C.No. 131/2003 dated 24.8.2005 on the file of the Fast Track Sessions Judge-VII, Bangalore City. 3. The brief facts giving raise to these appeals and case of the prosecution may be stated thus. Respondents 1 and 2 (hereinafter referred to as (accused Nos. 1 and 2) along with accused Nos.3 to 6 were committed to the trial Court to face trial for offences punishable under Sections 143, 306, 366, 366-A, 342 r/w. Section 149 of IPC and accused No.1 for an offence punishable under Section 376 of IPC, on the allegation that accused Nos.1 to 6, bei...
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